Excel Surgery Ctr., L.L.C. v Hertz Claim Mgt. Corp.

[*1] Excel Surgery Ctr., L.L.C. v Hertz Claim Mgt. Corp. 2017 NY Slip Op 51952(U) Decided on December 28, 2017 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 28, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : ANTHONY MARANO, P.J., JERRY GARGUILO, TERRY JANE RUDERMAN, JJ
2016-750 S C

Excel Surgery Center, L.L.C., as Assignee of Sylvester Leemow, Appellant,

against

Hertz Claim Management Corp., Respondent.

Gabriel & Shapiro, LLC (Steven F. Palumbo, Esq.), for appellant. Rubin, Fiorella & Friedman, LLP (Kevin J. Davis, Esq.), for respondent.

Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated February 23, 2016. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the District Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that the services at issue were not medically necessary.

For the reasons stated in Excel Surgery Ctr., L.L.C., as Assignee of Sylvester Leemow v Hertz Claim Mgt. Corp. (__Misc3d _____, 2017 NY Slip Op ______ [appeal No. 2016-744 S C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.

MARANO, P.J., GARGUILO and RUDERMAN, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 28, 2017